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Well, this is not exactly what Dr. Shelburne agreed to in writing (consent order) when he surrendered his dental license. He agreed to never contest the findings of fact.

You can read the documents here.

I will let the reader pass judgment on Dr. Shelburne but I cannot help but think this little exercise and the one here are nothing but jury pool spin. His son now owns his former dental practice and Dr. Shelburne senior faces a federal civil trial which might cost him all of the proceeds of such a sale/transfer – and the remainder of his assets.

Also, it is not beyond the realm of possibility that Dr. Shelburne will apply to have his dental license reinstated.

Of course, dentists must document their records but the egregious nature of the abuse here is far and way beyond anything I have ever seen or reviewed.

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Update on the Case of Dr. Roy S. Shelburne

The Case of Dr. Roy S. Shelburne – Convicted and Sentenced to Two Years in Federal Prison But U.S. Attorney Wants More

The Case of Dr. Roy S. Shelburne – Convicted and Sentenced to Two Years in Federal Prison

The Case of Dr. Roy S. Shelburne – 7 of 10 Counts Thrown Out of Court – Part Two

The Case of Dr. Roy S. Shelburne – 7 of 10 Counts Thrown Out of Court

The Case of Dentist Dr. Roy S. Shelburne – Sentencing Postponed

The Case of Dentist Roy S. Shelburne

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Comments Comments Off on Video: Another Update on the Healthcare Fraud Case of Dentist Dr. Roy S. Shelburne

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Dental Economics managing editor Kevin Henry speaks with the Virginia dentist about his arrest, time in prison, recent release, and advice to his peers.

Here is a follow-up on the Dr. Roy Shelburne story I covered a couple of years ago.

I agree about record keeping but, we in the dental profession, are taught this at an early age in dental school and is reinforced throughout our careers via continuing education.

Strange, but it seems to me that Dr. Shelburne is not the least bit contrite or remorseful about his dental activity that led to his conviction. Perhaps this is why the Feds pushed so hard for punishment in this case.

Just saying…….

Update:

Here is the Virginia Department of Health Professions adjudication of Dr. Shelburn’s dental license and Consent Order of July 15, 2008

The link above requires a search so here are the documents:

First, the Notice:

Shelburne 2 0401005798Notice05202008(2)

And, then the Consent Order:

Shelburne 1 0401005798Order07152008

Previous:

The Case of Dr. Roy S. Shelburne – Convicted and Sentenced to Two Years in Federal Prison But U.S. Attorney Wants More

The Case of Dr. Roy S. Shelburne – Convicted and Sentenced to Two Years in Federal Prison

The Case of Dr. Roy S. Shelburne – 7 of 10 Counts Thrown Out of Court – Part Two

The Case of Dr. Roy S. Shelburne – 7 of 10 Counts Thrown Out of Court

The Case of Dentist Dr. Roy S. Shelburne – Sentencing Postponed

The Case of Dentist Roy S. Shelburne


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Dentist Dr. Roy S. Shelburne, D.D.S. of Virginia

The federal prosecutors are NOT satisfied sending Virginia dentist, Dr. Roy S. Shelburne, D.D.S. to the POKIE for two years.

A U.S. attorney is appealing a federal district court judge’s decision to vacate a dentist’s convictions for money laundering, setting up a legal battle over a federal statute that was recently interpreted by the U.S. Supreme Court.

A notice of appeal has been filed in the U.S. Court of Appeals for the Fourth Circuit. The appeal from Acting U.S. Attorney Julia C. Dudley indicates the government is pushing back against an ambiguous Supreme Court decision that in some money laundering cases holds prosecutors to a higher burden of proof.

Let’s see:

  • Dr. Shelburne will be sent to federal prison for two years and/or a fraction thereof.
  • Dr. Shelburne has lost his dental license, his dental practice and his livelihood.
  • Dr. Shelburne more than likely has forfeited alot of his assets in legal fees fighting the government.

Yet, the federal prosecutors want more.

The question to ask at this point is why?

Previous:

The Case of Dr. Roy S. Shelburne – Convicted and Sentenced to Two Years in Federal Prison

The Case of Dr. Roy S. Shelburne – 7 of 10 Counts Thrown Out of Court – Part Two

The Case of Dr. Roy S. Shelburne – 7 of 10 Counts Thrown Out of Court

The Case of Dentist Dr. Roy S. Shelburne – Sentencing Postponed


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Dentist Dr. Roy S. Shelburne, D.D.S. of Virginia

Flap has been away from this story for a few weeks. So, let’s catch up.

On July 10, 2008, Pennington Gap, Virginia dentist Dr. Roy S. Shelburne, D.D.S. was sentenced to two years in prison for three felony convictions of racketeering, defrauding Medicaid and structuring a financial transaction.

Judge James P. Jones sentenced Roy Shelburne to two years for each of the felony counts, which will run concurrently. Shelburne was also fined $75,000, and must pay nearly $18,000 in restitution to state Medicaid.

The sentence comes a week after the judge threw out all seven of Shelburne’s convictions for money laundering, based on a recent interpretation of the statute by the U.S. Supreme Court. Previously, Shelburne had faced up 120 years in prison and a $1.25 million fine.

ShelburnOffice

The dental office of Roy S. Shelburne, D.D.S.

At the sentencing hearing, the federal prosecution led by U.S. Attorney Tony Giomo, presented a computer-generated statistical estimate that Shelburne likely bilked Medicaid of about $263,000.

The actual amount of money, as well as the number of patients overbilled, remains unknown.

But Giorno’s team claimed to have filled in the gaps with a statistical model based on the files of patients known to have been overcharged.

Judge Jones said he would need more information than readily available to accept the estimate.

Giorno said after the sentencing that Shelburne could face as much as $700,000 in restitution if the U.S. Attorney General’s Office decides to pursue a civil case.

An in-depth post-sentencing interview with Dr. Shelburne is here.

In the meantime,

  • Dr. Shelburne has surrendered his Virginia dental license. A conviction, plus sentencing means it is revoked/forfeited anyway.
  • An appeal of his conviction has not been initiated, nor a decision made whether to appeal.
  • The United States Department of Justice will be appealing Judge Jones dismissal of seven federal felony money laundering counts against Shelburne to the United States Court of Appeals for the Fourth Circuit.
  • As far as Flap can discover, where Dr. Shelburne will spend his two years in prison and when he begins his sentence has not been announced.
  • Supporters and friends of Dr. Shelburne have created this site in order to support him.

Stay tuned……

Previous:

The Case of Dr. Roy S. Shelburne – 7 of 10 Counts Thrown Out of Court – Part Two

The Case of Dr. Roy S. Shelburne – 7 of 10 Counts Thrown Out of Court

The Case of Dentist Dr. Roy S. Shelburne – Sentencing Postponed


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